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The Florida Bar

Victim Waiver of Prosecution in Domestic Violence Cases

Criminal defense attorneys in South Florida often find themselves defending clients accused of domestic violence where the victim in the case does not wish to prosecute. Most often, these victims mistakenly believe that the decision to prosecute is their decision and can be avoided by filing a waiver with the Broward County State Atty.’s office.

Unfortunately, prosecutors will proceed full force in attempting to obtain a conviction against that victims spouse or loved one regardless of a witnesses making it known that they do not want any further legal action to be taken in the matter.

From the onset, a no contact order will effectively prevent a spouse charged with domestic violence from returning to the family home. Victims seeking to have this order removed are cautioned to be prepared for a line of questioning from the assigned prosecutor to the case. Questioning aimed at obtaining sworn statements that an act of violence was committed against them by the defendant with whom they wish to have contact with.

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